State Comptroller Thomas DiNapoli's audit of the Ramapo school district

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    DIVISIONOF LOCAL GOVERNMENT

    & SCHOOL ACCOUNTABILITY

    O F F I C E O F T H E N E W YO R K ST A T E C O M P T R O L L E R

    Report of Examination

    Period Covered:

    July 1, 2011 January 14, 2013

    2013M-189

    RamapoCentral School District

    Fund Balance and EmployeeCompensation

    Thomas P. DiNapoli

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    11DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    Page

    AUTHORITY LETTER 2

    EXECUTIVE SUMMARY 3

    INTRODUCTION 5Background 5

    Objective 5

    Scope and Methodology 5 Comments of District Officials and Corrective Action 6

    FUND BALANCE 7Encumbrances 7

    Tax Certiorari Reserve 9

    Unemployment Reserve 10

    Insurance Reserve 10

    Recommendations 11

    EMPLOYEE COMPENSATION 12Recommendation 12

    APPENDIX A Response From District Officials 13

    APPENDIX B OSC Comments on the Districts Response 21APPENDIX C Audit Methodology and Standards 24APPENDIX D How to Obtain Additional Copies of the Report 25APPENDIX E Local Regional Office Listing 26

    Table of Contents

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    2 OFFICEOFTHE NEW YORK STATE COMPTROLLER2

    State of New YorkOffice of the State Comptroller

    Division of Local Governmentand School Accountability

    September 2013

    Dear District Officials:

    A top priority of the Office of the State Comptroller is to help local government officials manage

    government resources efficiently and effectively and, by so doing, provide accountability for tax

    dollars spent to support government operations. The Comptroller oversees the fiscal affairs of local

    governments statewide, as well as compliance with relevant statutes and observance of good business

    practices. Thisfiscal oversight is accomplished, in part, through our audits, which identify opportunities

    for improving operations and Board of Education governance. Audits also can identify strategies to

    reduce costs and to strengthen controls intended to safeguard local government assets.

    Following is a report of our audit of the Ramapo Central School District, entitled Fund Balance and

    Employee Compensation. This audit was conducted pursuant to Article V, Section 1 of the State

    Constitution and the State Comptrollers authority as set forth in Article 3 of the General Municipal

    Law.

    This audits results and recommendations are resources for local government officials to use in

    effectively managing operations and in meeting the expectations of their constituents. If you have

    questions about this report, please feel free to contact the local regional office for your county, as listed

    at the end of this report.

    Respectfully submitted,

    Office of the State Comptroller

    Division of Local Government

    and School Accountability

    State of New YorkOffice of the State Comptroller

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    33DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    Office of the State ComptrollerState of New York

    EXECUTIVE SUMMARY

    The Ramapo Central School District (District) is located in the Town of Ramapo, in Rockland County.

    The District is governed by the Board of Education (Board) which is composed of seven elected

    members. The Board is responsible for the general management and control of the Districts financial

    and educational affairs. The Superintendent of Schools (Superintendent) is the Districts chief executive

    officer and is responsible, along with other administrative staff, for day-to-day District management

    under the Boards direction.

    The District operates seven schools, with approximately 4,500 students and 610 employees. During

    the 2011-12 fiscal year, the District had operating expenditures of approximately $118 million, funded

    primarily with real property taxes and State aid. The Districts budgeted expenditures for the 2012-13

    fiscal year were $127 million.

    Scope and Objective

    The objective of our audit was to examine the Districts fund balance and payroll for the period July 1,

    2011, to January 14, 2013. Our audit addressed the following related questions:

    Did the District maintain fund balance in accordance with statutory requirements and

    appropriately establish, fund, and use reserve funds?

    Were District employees paid according to Board resolutions or approved contracts?

    Audit Results

    The District has accumulated more than $16.3 million in excess funds that could be used to benefit

    taxpayers by paying one-time expenditures, funding necessary reserves, reducing debt and/or reducing

    the tax levy, in accordance with applicable statutory requirements. The excess balance is about 13

    percent of the subsequent years budget, which is much higher than the statutory 4 percent limit allowedfor school districts. The District circumvented the 4 percent limit by inappropriately encumbering

    approximately $8.7 million in purchase orders and tax certioraris for 2012 fiscal year. In addition, the

    District had $2.3 million in excess funds in the unemployment and insurance reserves.

    Nine of the 40 employees tested started their employment at steps higher than the entry level. In

    total, those nine employees cost about $95,000 more a year than if they started at the entry level. For

    example, one employee was hired at step 11, which was about $26,400 more than the entry level step

    one and another started at step 6 which was $12,800 more than the entry level step one. According to

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    4 OFFICEOFTHE NEW YORK STATE COMPTROLLER4

    District officials, individuals were given higher levels because of degree completion, work experience,

    difficulty of academic curriculum, and scarcity of a particular skill set needed by the District. However,

    District officials were unable to provide any documentation supporting why those nine employees

    received an initial salary at those particular levels.

    Comments of District Officials

    The results of our audit and recommendations have been discussed with District officials and their

    comments, which appear in Appendix A, have been considered in preparing this report. District

    officials disagreed with the findings and recommendations in our report. Appendix B includes our

    comments on the issues raised in the Districts response letter.

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    55DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    Background

    Introduction

    Objective

    The Ramapo Central School District (District) is located in the Town

    of Ramapo, in Rockland County. The District is governed by the Board

    of Education (Board) which is composed of seven elected members.

    The Board is responsible for the general management and control ofthe Districts financial and educational affairs. The Superintendent of

    Schools (Superintendent) is the Districts chief executive officer and

    is responsible, along with other administrative staff, for day-to-day

    District management under the Boards direction.

    The District operates seven schools, with approximately 4,500

    students and 610 employees. During the 2011-12 fiscal year, the

    District had operating expenditures of approximately $118 million,

    funded primarily with real property taxes and State aid. The Districts

    budgeted expenditures for the 2012-13fi

    scal year were $127 million.

    The responsibility for effective financial planning and District

    management rests with the Board, the Superintendent, and other

    officials including the District Treasurer (Treasurer), who reports

    financial information to the Board. The Assistant Superintendent

    for Business is responsible for the management of overall District

    business operations, including preparing all financial statements. The

    Treasurer is responsible for accounting functions.

    The objective of our audit was to examine the Districts fund balance

    and payroll. Our audit addressed the following related questions:

    Did the District maintain fund balance in accordance with

    statutory requirements and appropriately establish, fund, and

    use reserve funds?

    Were District employees paid according to Board resolutions

    or approved contracts?

    We examined the Districts financial condition and payroll processes

    for the period July 1, 2011, to January 14, 2013. To analyze the

    Districts financial trends, we extended the scope back to the 2007-08

    fiscal year.

    We conducted our audit in accordance with generally accepted

    government auditing standards (GAGAS). More information on such

    standards and the methodology used in performing this audit are

    included in Appendix C of this report.

    Scope and

    Methodology

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    6 OFFICEOFTHE NEW YORK STATE COMPTROLLER6

    Comments ofDistrict Officials andCorrective Action

    The results of our audit and recommendations have been discussed

    with District officials and their comments, which appear in Appendix

    A, have been considered in preparing this report. Appendix B includes

    our comments on the issues raised in the Districts response letter.

    The Board has the responsibility to initiate corrective action. Pursuant

    to Section 35 of the General Municipal Law, Section 2116-a (3)(c)

    of the Education Law and Section 170.12 of the Regulations of the

    Commissioner of Education, a written corrective action plan (CAP)

    that addresses the findings and recommendations in this report

    must be prepared and provided to our office within 90 days, with

    a copy forwarded to the Commissioner of Education. To the extent

    practicable, implementation of the CAP must begin by the end of

    the next fiscal year. For more information on preparing andfiling

    your CAP, please refer to our brochure,Responding to an OSC Audit

    Report, which you received with the draft audit report. The Board

    should make the CAP available for public review in the District

    Clerks office.

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    77DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    Fund Balance

    Fund balance represents moneys remaining from priorfiscal years

    that can be appropriated to finance the next years budget and/or to

    be set aside as reserves for specific purposes. School districts may

    carry over a portion of unexpended surplus fund balance from year-to-year to help mitigate the effect of unforeseen contingencies, to

    ensure the orderly operations of the district, and for the continuity

    of necessary programs and services. Accurate budget estimates and

    fund balance levels help ensure that real property levies are not

    greater than necessary. Real Property Tax Law limits the amount of

    unexpended surplus funds that can be retained by school districts to

    no more than 4 percent of the subsequent fiscal years budget. School

    districts may also establish reserves to restrict a portion of fund

    balance for a specific purpose, but must do so in compliance with

    statutory requirements.

    For the year ended June 30, 2012, the District reported unexpended

    surplus fund balance (fund balance) of about $5.1 million, which was

    within the 4 percent statutory limit. However, the Districts financial

    reporting was not accurate and the unexpended surplus was actually

    about $16.3 million, representing 13 percent of the subsequent

    years budget, well in excess of the statutory limit. The difference

    in the calculation of fund balance is the result of over-accounting for

    encumbrances and a tax certiorari reserve. As a result, the District has

    accumulated more than $11.3 million in excess funds that should be

    used to benefi

    t taxpayers by paying one-time expenditures, fundingnecessary reserves, and reducing debt and/or reducing the tax levy, in

    accordance with applicable statutory requirements. In addition, the

    unemployment and insurance reserves were unnecessarily funded,

    further reducing the amounts that could have been used to benefit

    District taxpayers.

    The State Comptrollers Uniform System of Accounts and generally

    accepted accounting principles (GAAP) provide the framework

    within which financial transactions are recorded and reported,

    resulting in financial statements that provide comparability between

    governmental entities, consistency between accounting periods, andreliability for internal and external users offinancial statements. One

    of the primary responsibilities of the Board and the Superintendent is

    to ensure that District financial transactions are recorded in a manner

    that meets these guidelines.

    Encumbrances are commitments for payments related to unperformed

    contracts for goods or services. Encumbrance accounting is

    intended to guard against a district creating liabilities in excess of

    Encumbrances

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    8 OFFICEOFTHE NEW YORK STATE COMPTROLLER8

    approved appropriations. In order for school district officials to

    maintain budgetary control and to arrive at an accurate estimate of

    its uncommitted appropriations, it is necessary to encumber all of

    its known obligations when contracts are approved or purchases are

    authorized. At the end of the fiscal year, a portion of the fund balance

    can be set aside for the payment of goods, materials, and services that

    have been ordered but not received. This restricted amount of fund

    balance is known as the reserve for encumbrances.

    The District encumbered approximately $12.6 million forfiscal year

    ended June 2012, of which about $8.7 million in encumbrances were

    not appropriate. This included about $7.7 million for tax certioraris

    claims and $1 million unsupported and outdated purchase orders.

    Moneys deposited in a tax certiorari reserve fund may only be used for

    tax certiorari proceedings arising from the tax roll of the specific year

    that the moneys were deposited into the reserve. Therefore, a school

    district may not set aside moneys in a tax certiorari reserve fund in onefiscal year for the purpose offinancing judgments and claims arising

    from the tax rolls of priorfiscal years. Also, tax certioraris claims are

    not liabilities until legal proceedings are finalized. Therefore, under

    GAAP, tax certiorari claims should not be encumbered. However,

    District officials encumbered $7.7 million, which resulted in the

    reported fund balance being understated.

    In addition, although encumbrances that exist at the end of the

    fiscal year may be carried over to the next year, they must represent

    valid commitments for specific future expenditures. The $1 million

    encumbered by District officials consisted of amounts that were notgoing to be paid and did not represent future expenditures. In fact, the

    District reviewed these purchase orders and closed or canceled them

    in January 2013 after the June 30, 2012 financial statements were

    compiled. In addition, many of the amounts encumbered were not

    supported by any documentation such as contracts or invoices, and

    many were outdated, as shown in Table 1:

    Table 1: Outdated Purchase Orders

    FYE # of Items Aggregate Amts.

    2007 1 $6,094

    2008 0 $0

    2009 8 $270,922

    2010 15 $141,173

    2011 43 $626,348

    Total: 67 $1,044,537

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    99DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    Encumbrances should not be recorded simply as a means of reducing

    available year-end fund balance. Encumbrances that are established

    without a genuine purchase or contractual commitment artificially

    reduce fund balance, resulting in the inappropriate circumvention of

    the 4 percent statutory requirement.

    A tax certiorari is a legal proceeding whereby a taxpayer who

    has been denied a reduction in property tax assessment by a local

    assessment review board or small claims procedure challenges the

    assessment on the grounds of excessiveness, inequality, illegality,

    or misclassification. Education Law authorizes school districts to

    establish a reserve fund for payment of claims related to tax certiorari

    proceedings. A school district may establish a reserve fund for the

    potential cost of tax certiorari proceedings without approval by

    voters, provided the total moneys in the reserve do not exceed the

    amounts reasonably deemed necessary to meet anticipated judgments

    and claims. Reserve funds that are not expended for the payment of

    judgments or claims arising out of tax certiorari proceedings for thetax roll in the year the moneys are deposited to the fund and/or that

    will not be reasonably required to pay any such judgment or claim,

    must be returned to the general fund on or before the first day of the

    fourth fiscal year following the deposit of such moneys to the reserve

    fund.

    The Districts tax certiorari reserve fund balance was approximately

    $3.7 million as of June 30, 2012.1 The District funds the reserve at the

    end of each year with surplus funds that would otherwise be applied

    to fund balance and be included when calculating the 4 percent

    fund balance restrictions. Over a five-year period, the District paidabout $4.5 million in tax certiorari claims with operating funds and

    never used any money from the reserve, which is an indication that

    the moneys put in the reserves were not needed to pay claims. The

    District provided documentation that listed all possible liabilities

    to be paid from the reserve fund. However, they could not provide

    us with specific documentation detailing which claims were from

    tax certiorari proceedings for the tax roll in the year the moneys

    were deposited to the fund represented by the reserve; therefore,

    it precluded the District from properly monitoring the reserve and

    returning the portion of the funds that must be returned to the generalfund on or before the first day of the fourth fiscal year following the

    deposit of such moneys to the reserve fund.

    To determine how much of the tax certiorari reserve fund could be

    supported, we obtained specific general ledger activity from July 1,

    ____________________1 This amount was in addition to the $7.7 tax certiorari encumbrance discussed in

    the previous section.

    Tax Certiorari Reserve

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    10 OFFICEOFTHE NEW YORK STATE COMPTROLLER10

    2007, through June 30, 2012. The balance as of July 1, 2007, was

    about $3.2 million. Since funds must be returned on the first day of the

    fourth year after they were deposited, we have included only amounts

    carried over from 2007 and all amounts deposited from 2008 - 2012.

    This totaled about $1.2 million that may be needed for tax certiorari

    claims in the future. The District currently has $3.7 million in the

    reserve; therefore, the reserve is over-funded by $2.5 million.

    If these moneys had remained in the Districts fund balance or were

    returned to the fund balance, the funds could have been used to benefit

    District taxpayers by paying one-time expenses, reducing debt, or

    reducing property taxes in the prior and current years.

    According to General Municipal Law (GML), the purpose of an

    unemployment reserve is to reimburse the State Unemployment

    Insurance Fund for payments made to claimants. Expenditures may

    be made only as required by law to pay into the Unemployment

    Insurance Fund an amount equivalent to the amount of benefits paidto claimants and charged to the Districts account. If at the end of any

    fiscal year, moneys in the fund exceed amounts required to be paid

    into the Unemployment Insurance Fund, plus any additional amounts

    required to pay all pending claims, the Board, within 60 days of the

    close of the fiscal year, may elect to transfer all or part of the excess

    amounts to certain other reserve funds, or apply all or part of the

    excess to the budget appropriation of the next succeeding fiscal year.

    The District held excess funds in the unemployment reserve. For the

    five-year period July 1, 2007, through June 30, 2012, the average

    reported expenditures for such unemployment claims averaged$57,000 a year. The reserve balance averaged about $505,000 during

    that same period, a difference of $448,000, which represents excess

    funds that could have been returned to the general fund.

    Although the District has used some of the funds during that period,

    and plans to use the funds for upcoming layoffs, they could not

    provide specific analysis of possible future claims. Therefore, this

    excess could have been used to benefit District taxpayers.

    An insurance reserve is authorized by GML to fund certain losses,claims, actions, or judgments which would not be covered by

    insurance. The annual allocation to the reserve is limited to 5 percent

    of the adopted budget. An insurance reserve fund may also be

    used to pay for expert or professional services in connection with

    the investigation, adjustment, or settlement of claims, actions, or

    judgments.

    Unemployment Reserve

    Insurance Reserve

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    1111DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    Recommendations

    Although the District purchases liability insurance to limit the need

    for substantial reserves to fund insurance claims, it still maintained

    an average balance of $2.2 million in the insurance reserve over the

    last five fiscal years. The District has not expended moneys from this

    reserve for its statutory purpose during the same period. For example,

    in 2010, a claim was paid for $425,000. Although at the time the

    reserve balance was more than $3 million, the District used general

    fund moneys to pay the claim. This is an indication that the moneys

    held in the fund were not needed and should be returned to the general

    fund.

    By maintaining excessive and/or unnecessary reserves, combined

    with inappropriately encumbering funds, the Board and District

    officials have withheld more than $11 million from productive use,

    levied unnecessarily taxes, and compromised the transparency of

    District finances to the taxpayers.

    1. District officials should develop a plan to use surplus fundbalance and unnecessary reserves in a manner that benefits

    District taxpayers. In order to provide appropriate transparency,

    the use of surplus fund balance should be done through the budget

    process with public disclosure. Such uses could include, but are

    not limited to:

    Funding necessary reserves

    Paying off debt

    Funding one-time expenditures

    Reducing District property tax(es).

    2. District officials should ensure that year-end encumbrances are

    valid and supported.

    3. The Board and District officials should review all reserves and

    determine if the amounts reserved are necessary, reasonable, and

    in compliance with statutory requirements.

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    12 OFFICEOFTHE NEW YORK STATE COMPTROLLER12

    Employee Compensation

    Recommendation

    Teaching staff that are employed by the District should be

    compensated at the salary level established by the District and its

    collective bargaining agreement. To determine if the compensation

    is appropriate, District officials responsible for hiring should reviewsupporting documentation such as academic background and related

    work experience. There may be certain circumstances where an

    employee may have a particular set of unique skills that is in demand

    by the District. These circumstances may warrant the employee to be

    compensated at a higher level. However, the District should document

    the justification as to why such an employee is compensated at a higher

    level and the Board should review and approve such justification.

    The collective bargaining agreement (CBA) includes a salary schedule

    broken down by classifi

    cation. There are multiple classifi

    cations thata teacher can fall under based on education and post graduate work.

    Within each classification there are steps which usually correspond to

    years of service in that category. We randomly selected 40 employees

    out of 667 to determine whether the District compensated employees

    appropriately. We found that nine of the 40 employees tested were

    at salary steps disproportionate with years of service. These nine

    employees started their employment at steps higher than step 1.

    These employees were hired between 2003 and 2007. For example,

    an employee was hired at step 11, which was about $26,400 more than

    the entry level step 1 and another started at step 6, which was $12,800

    more than the entry level step one. In total, those nine employeescost about $95,000 more a year than if they started at the entry level.

    According to District officials, individuals were given higher levels

    because of degree completion, work experience, difficulty of academic

    curriculum, and scarcity of a particular skill set needed by the District.

    This was an informal practice that was only recently detailed in the

    latest CBA. We were able to verify their credentials such as extent

    of education and other advanced certification. However, District

    officials were unable to provide any documentation supporting why

    those nine employees received an initial salary at those particular

    steps. They told us it was up to the discretion of the previous Director

    of Human Resources.

    When significant decisions in the hiring process are not documented,

    it reduces the transparency of the process. This could increase the risk

    of misappropriation through the salary process.

    4. District officials should properly document the reasons for any

    starting salary that exceeds the established entry level rate.

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    1313DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    APPENDIX A

    RESPONSE FROM DISTRICT OFFICIALS

    The District officials response to this audit can be found on the following pages.

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    14 OFFICEOFTHE NEW YORK STATE COMPTROLLER14

    SeeNote 1

    Page 21

    SeeNote 5

    Page 21

    SeeNote 4

    Page 21

    SeeNote 3

    Page 21

    SeeNote 2

    Page 21

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    1515DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    SeeNo

    Pag

    SeeNo

    Pag

    SeeNo

    Pag

    SeeNo

    Pag

    SeeNo

    Pag

    SN

    P

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    16 OFFICEOFTHE NEW YORK STATE COMPTROLLER16

    SeeNote 10

    Page 22

    SeeNote 11

    Page 23

    SeeNote 12

    Page 23

    SeeNote 9

    Page 22

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    1717DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    SeeNo

    Pag

    See

    NoPag

    SeeNo

    Pag

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    18 OFFICEOFTHE NEW YORK STATE COMPTROLLER18

    SeeNote 1

    Page 2

    SeeNote 4

    Page 2

    SeeNote 1

    Page 2

    SeeNote 1

    Page 2

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    1919DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    SeeNo

    Pag

    SeeNo

    Pag

    SeeNo

    Pag

    SeeNo

    Pag

    SeeNo

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    SeeNo

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    20 OFFICEOFTHE NEW YORK STATE COMPTROLLER20

    SeeNote 4

    Page 2

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    2121DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    APPENDIX B

    OSC COMMENTS ON THE DISTRICTS RESPONSE

    Note 1

    Our audit addressed two specific areas: fund balance and employee compensation. Our audit did not

    include all of the Districts operations and we did not conclude that all public funds were accounted

    for. We didfind internal control weaknesses related to accounting for fund balance and employee

    compensation, as stated in the audit report.

    Note 2

    The District exceeded the 4 percent statutory limit on unassigned fund balance.

    Note 3

    Our audit was performed according to Generally Accepted Government Auditing Standards

    (GAGAS), which require us to obtain sufficient and competent evidence to support ourfindings. These

    standards require that audit staff is independent so that opinions, findings, conclusions, judgments

    and recommendations will be impartial and will be viewed as impartial by reasonable and informed

    third parties. Furthermore, ourfindings related to fund balance and reserves are based on Generally

    Accepted Accounting Principles (GAAP) and statutory requirements.

    Note 4

    All numbers in the report are accurate, factual, and supported with documented evidence. The results

    of our audit and recommendations were discussed with District officials on numerous occasions andtheir feedback was considered in preparing this report. We provided our analysis, sample selection, all

    support for ourfindings, and written response addressing their concerns.

    Note 5

    The report accurately states that the Districts actual unexpended surplus is $16.3 million, which

    exceeds the 4 percent statutory limit. The report provides specific details concerning the Districts

    recording of inappropriate encumbrances. If those encumbrances were correctly recorded, the Districts

    unexpended surplus does not comply with the 4 percent statutory limit. Our conclusions were based

    on the fact the District did not properly apply GAAP when recording encumbrances.

    Note 6

    The report states that The District circumvented the 4 percent limit by inappropriately encumbering

    approximately $8.7 million in purchase orders and tax certioraris for 2012 fiscal year. The $8.7

    million was made up mostly of the incorrect encumbrance of tax certioraris totaling about $7.7 million.

    Documents provided by the District did not support justification for encumbering tax certioraris.

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    Information in the audit report concerning the $1 million in unsupported or outdated purchase orders

    is accurate. Subsequent to our exit conference, District officials provided documentation which

    supported payment of claims related to three purchase orders totaling about $48,000. We updated

    the report to reflect that information. On August 21, 2013, the Assistant Superintendent for Business

    confirmed that those were the only purchase orders that were in fact paid as opposed to closed after

    our audit. The District reviewed and cancelled $1 million in purchase orders after the June 30, 2012

    financial statements were issued. This supports the finding in our audit. District officials reviewed and

    closed these purchase orders after the fiscal year ended, which clearly indicates that these purchaseorders did not represent valid commitments for specific future expenditures. If this review was done

    prior to the fiscal year end, the District would have had to report more available fund balance and

    would have exceeded the 4 percent requirement.

    In addition, the Districts independent auditor, in its management letter for period ending June 30,

    2012, stated:

    We recommend that all open purchase orders, including blanket purchase orders be completely

    reviewed at year end, all estimates to be analyzed and close/canceled, unneeded items be reversed.

    Note 7

    Although District officials cancelled $1 million in purchase orders during ourfield work, this did not

    change the finding relating to the excessive fund balance because this amount impacted the year end

    fund balance calculation.

    Note 8

    We told District officials that tax certioraris cannot be encumbered according to GAAP, and that one

    option would be to fund a tax reserve. By properly funding reserves, the District would be able to fund

    settlements without bonding.

    Note 9

    The statement is accurate as reported. Based on the general ledger information provided during the

    audit by the District Treasurer, the reserve was funded on June 30 of each year from 2008 through

    2012, as follows:

    6/30/08 increased by about $101,000

    6/30/09 increased by about $33,000

    6/30/10 increased by about $12,000

    6/30/10 increased by about $12,000

    6/30/12 increased by about $13,000.

    Note 10

    The quoted statement in the Districts response is taken out of context. The statement included in an

    email to District officials, referred to the list of potential tax certiorari amounts carried over from 2007.

    We have clearly and consistently discussed ourfindings with District officials throughout the audit

    process. Our report discusses the specific reasons as to why this amount was disallowed. The District

    has not funded the tax certiorari reserve according to the provisions outlined in Education Law.

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    2323DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    In addition, the Districts independent auditor in the management letter for period ending June 30,

    2012, commented about open purchase orders and the tax certiorari reserve:

    The District has reached its three year period of several of the amounts reserved and we are

    recommending that all tax certiorari reserves be reviewed to determine if any amounts are still

    outstanding and need to be reserved again. Any unneeded reserves must be returned to the unreserved

    fund.

    Note 11

    The report is consistent with guidance provided by the State Comptrollers Local Government

    Management Guide onReserve Funds. The report states that the District can use the reserves, but

    only in compliance with statutory requirements.

    Note 12

    The Districts approach to reserve funds has not been consistent with statutory requirements and has

    resulted in excess amounts of fund balance being retained.

    Note 13

    The Districts practice in funding and not using the tax certiorari reserve is not fiscally prudent. The

    purpose of the reserve is to pay judgments and claims in tax certiorari proceedings in accordance with

    Real Property Tax Law. The District, however, accumulated funds, but never used those funds to pay

    the claims; instead, they were paid out of the general fund, thereby increasing taxpayer burden.

    Note 14

    District officials have consistently over-funded the unemployment reserve. Their response indicates

    that, they did not need the funds until 2012 2013fi

    scal year; however, they maintained over $500,000over the previous five years. The justification provided by the District supported that on average only

    $57,000 was used. Therefore, the excess could have been used to benefit District taxpayers.

    Note 15

    District officials did not use the reserve for its intended purposes. They paid for the $425,000 claim

    using general fund resources while having about $3.1 million in the reserve at the time.

    Note 16

    Even though District offi

    cials provide various reports as stated in their response, if accountingprinciples are not being properly applied and encumbrances do not reflect valid future commitments,

    then appropriate transparency is impaired.

    Note 17

    We provided our list of employees tested throughout the audit. At the informal findings meeting on June

    17, 2013, the Superintendent, after receiving the list of the nine employees with disproportionate salary

    steps, commented that the Districts own internal review also had issues with these same employees.

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    24 OFFICEOFTHE NEW YORK STATE COMPTROLLER24

    APPENDIX C

    AUDIT METHODOLOGY AND STANDARDS

    We selected the Districts financial condition and payroll processing for audit testing. To accomplish

    the objective of this audit:

    We testedfive reserves and all the encumbrances for year ending June 30, 2012.

    We documented the internal controls and related procedures surrounding reserve funds; this

    included how they were established and how they were funded.

    We determined if reserve funds are properly established and funded according to policy and

    statutory requirements.

    We determined if the District modified the budgets to circumvent the fund balance limit.

    We calculated proper unassigned fund balance based on the appropriateness of the Districts

    reserves and amount allocated as an encumbrance.

    We randomly selected 40 employees from a population of 667 to determine salary appropriateness.

    We documented internal controls and related procedures for human resources.

    We determined if salaries of employees was properly established.

    We traced actual salary to collective bargaining agreements based on credentials, years of

    service, and other attributes.

    We conducted this performance audit in accordance with generally accepted government auditing

    standards (GAGAS). Those standards require that we plan and perform the audit to obtain sufficient,

    appropriate evidence to provide a reasonable basis for ourfindings and conclusions based on our audit

    objective. We believe that the evidence obtained provides a reasonable basis for ourfindings and

    conclusions based on our audit objective.

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    2525DIVISIONOF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITY

    APPENDIX D

    HOW TO OBTAIN ADDITIONAL COPIES OF THE REPORT

    Office of the State Comptroller

    Public Information Office

    110 State Street, 15th Floor

    Albany, New York 12236

    (518) 474-4015

    http://www.osc.state.ny.us/localgov/

    To obtain copies of this report, write or visit our web page:

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    APPENDIX E

    OFFICE OF THE STATE COMPTROLLER

    DIVISION OF LOCAL GOVERNMENT

    AND SCHOOL ACCOUNTABILITY

    Andrew A. SanFilippo, Executive Deputy Comptroller

    Nathaalie N. Carey, Assistant Comptroller

    LOCAL REGIONAL OFFICE LISTING

    BINGHAMTON REGIONAL OFFICE

    H. Todd Eames, Chief Examiner

    Office of the State Comptroller

    State Office Building - Suite 1702

    44 Hawley Street

    Binghamton, New York 13901-4417

    (607) 721-8306 Fax (607) 721-8313

    Email: [email protected]

    Serving: Broome, Chenango, Cortland, Delaware,Otsego, Schoharie, Sullivan, Tioga, Tompkins Counties

    BUFFALO REGIONAL OFFICE

    Robert Meller, Chief Examiner

    Office of the State Comptroller

    295 Main Street, Suite 1032

    Buffalo, New York 14203-2510

    (716) 847-3647 Fax (716) 847-3643

    Email: [email protected]

    Serving: Allegany, Cattaraugus, Chautauqua, Erie,

    Genesee, Niagara, Orleans, Wyoming Counties

    GLENS FALLS REGIONAL OFFICE

    Jeffrey P. Leonard, Chief Examiner

    Office of the State Comptroller

    One Broad Street Plaza

    Glens Falls, New York 12801-4396

    (518) 793-0057 Fax (518) 793-5797

    Email: [email protected]

    Serving: Albany, Clinton, Essex, Franklin,

    Fulton, Hamilton, Montgomery, Rensselaer,

    Saratoga, Schenectady, Warren, Washington Counties

    HAUPPAUGE REGIONAL OFFICEIra McCracken, Chief Examiner

    Office of the State Comptroller

    NYS Office Building, Room 3A10

    250 Veterans Memorial Highway

    Hauppauge, New York 11788-5533

    (631) 952-6534 Fax (631) 952-6530

    Email: [email protected]

    Serving: Nassau and Suffolk Counties

    NEWBURGH REGIONAL OFFICE

    Tenneh Blamah, Chief Examiner

    Office of the State Comptroller

    33 Airport Center Drive, Suite 103

    New Windsor, New York 12553-4725

    (845) 567-0858 Fax (845) 567-0080

    Email: [email protected]

    Serving: Columbia, Dutchess, Greene, Orange,

    Putnam, Rockland, Ulster, Westchester Counties

    ROCHESTER REGIONAL OFFICE

    Edward V. Grant, Jr., Chief Examiner

    Office of the State Comptroller

    The Powers Building

    16 West Main Street Suite 522

    Rochester, New York 14614-1608

    (585) 454-2460 Fax (585) 454-3545

    Email: [email protected]

    Serving: Cayuga, Chemung, Livingston, Monroe,

    Ontario, Schuyler, Seneca, Steuben, Wayne, Yates Counties

    SYRACUSE REGIONAL OFFICE

    Rebecca Wilcox, Chief Examiner

    Office of the State Comptroller

    State Office Building, Room 409

    333 E. Washington Street

    Syracuse, New York 13202-1428

    (315) 428-4192 Fax (315) 426-2119

    Email: [email protected]

    Serving: Herkimer, Jefferson, Lewis, Madison,

    Oneida, Onondaga, Oswego, St. Lawrence Counties

    STATEWIDE AUDITSAnn C. Singer, Chief Examiner

    State Office Building - Suite 1702

    44 Hawley Street

    Binghamton, New York 13901-4417

    (607) 721-8306 Fax (607) 721-8313